http://www.iaeme.com/IJCIET/index.asp 174 editor@iaeme.com International Journal of Civil Engineering and Technology (IJCIET) Volume 10, Issue 12, December 2019, pp. 174-183, Article ID: IJCIET_10_12_017 Available online at http://www.iaeme.com/ijciet/issues.asp?JType=IJCIET&VType=10&IType=12 ISSN Print: 0976-6308 and ISSN Online: 0976-6316 © IAEME Publication REFORMULATION OF DIVERSION POLICY OF JUVENILE CRIMINAL JUSTICE SYSTEM AS AN EFFORT TO ACTUALIZE THE JUSTICE VALUE IN INDONESIA AniTriwati, Nyoman Serikat Putrajaya, Nur Rochaeti Faculty of Law, Semarang University, Semarang, Indonesia ABSTRACT State has a duty to provide children welfare, to give protection, and to fulfill children right including the ones who conflict with law. Diversion policy in juvenile criminal justice system is a renewal of law and one of the forms of legal protection especially for the child in conflict with law, based on consideration of the child's best interest. The special protection against the children in conflict with law is a part of strengthening the human right and put the child not as an object, but as a party must be fostered and protected. Diversion policy aims to reach a peaceful settlement between the victim and the accused, to settle the children case outside a court, and to avoid the children liberty deprivation. Diversion policy is a mean to realize fairness or justice value toward children in conflict with law which the settlement is done by diverting the case from criminal justice system. Reformulation of diversion policy of juvenile criminal justice system is based on the consideration of philosophically, sociologically and juridical. Diversion is implemented in criminal case done by the children and it is not a repetition of criminal case. Keywords: reformulation, diversion, juvenile criminal justice system. Cite this Article: AniTriwati, Nyoman Serikat Putrajaya, Nur Rochaeti, Reformulation of Diversion Policy of Juvenile Criminal Justice System as an Effort to Actualize the Justice Value in Indonesia. International Journal of Civil Engineering and Technology 10(12), 2019, 174-183. http://www.iaeme.com/IJCIET/issues.asp?JType=IJCIET&VType=10&IType=12 1. INDRODUCTION State obliges to protect the entire Indonesian people and the entire homeland of Indonesia; it is including a protection for children in conflict with law or children as criminal offender. The protection itself is a part of the purpose of Indonesia as it is stated in the Preamble 1945 Constitution of Republic of Indonesia. Explicitly, the children right is guaranteed in the 1945 Constitution of Republic of Indonesia Article 28B Section (2) defines that every children has the right of sustainable life, growth and development, as well as protection from violence and discrimination.